Strahan and Strahan (No 5)

Case

[2009] FamCA 847

19 May 2009


Details
AGLC Case Decision Date
Strahan and Strahan (No 5) [2009] FamCA 847 [2009] FamCA 847 19 May 2009

CaseChat Overview and Summary

In *Strahan and Strahan (No 5)*, Strickland J of the Family Court of Australia considered an application by the wife seeking an adjournment of proceedings due to ill health, which was opposed by the husband and the Independent Children’s Lawyer. The court also addressed an application by the wife's solicitor for leave to withdraw on the basis of no instructions.

The primary legal issues before the court were whether to grant the wife's adjournment application, whether to permit the wife's solicitor to withdraw, and how to manage the interim arrangements for the child's time with the husband, particularly in light of the child's limited recent contact and concerns about the psychologist's independence. The court was also required to consider case management of outstanding applications.

Strickland J dismissed the wife's application for an adjournment, finding that the proceedings should continue. The court refused the solicitor's application to withdraw, indicating that the wife remained under an obligation to provide instructions. Regarding the child's time with the husband, the court ordered that the child spend time with the husband from 31 July 2009 to 2 August 2009, with specific conditions for handover and supervision by an expert psychologist, Dr C, to facilitate the process and address potential concerns about the psychologist's independence. The court also ordered Dr C to provide a report on his observations of the handover. All other outstanding applications were adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Injunction

  • Remedies

  • Stay of Proceedings

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